Special Report by Ashley Craddock
Online privacy advocates
are vowing to fight enforcement of
a Canadian election law that has been used to force the removal of
a Green Party Web site that did not carry the name of its sponsor.
Electronic Frontier Canada said late last week
that it plans to go to court in the case of an Ottawa man, Krishna Bera,
who became the target of the national election board
after he posted an anonymously sponsored site called Vote Green.
The law under which the board acted says,
"Every person who sponsors or conducts advertising
without identifying the name of the sponsor
and indicating that it was authorized by that sponsor
is guilty of an offence."
At stake, says David Jones, president and co-founder of
Electronic Frontier Canada, is Canadian citizens' right to
anonymous political speech. "People shouldn't be put in the
position of either staying silent on political issues or
identifying themselves and taking their lumps", Jones said.
"There's a substantial amount of mischief caused by allowing
governments to control political discourse."
But others say the question becomes more complex when one moves
from the need for anonymity in private or potentially dangerous
communications to the need for anonymity in political debate -
especially when that debate takes the form of advertising.
"People need to know who's funding public figures so they can
judge who's influencing them", said Paul Hendrie, communications
director for the Center for Public Responsibility,
which tracks federal campaign spending in the United States.
"Otherwise politicians can just go out
and sell their votes and no one's ever the wiser."
Jones, however, insists that the question
is not one of cash-driven corruption
but of the danger of airing unpopular political views.
"We've got no beef with political parties being controlled this way,
but we think this law misses its target when it uses the phrase
'every person'", he said.
"Krishna Bera is not a political party that needs to be watched;
he's an individual who should be allowed to say what he believes."
For his part, Bera insists that the Vote Green site is not an
advertisement and should therefore not be subject to disclosure laws.
"That's where you get into the issue
of judging and labeling content", he said.
"I say it's political speech; they say it's an ad. Who's going to decide?"
Earlier this month, Elections Canada told Bera to either identify
the sponsor behind Vote Green, take it down, or face a possible
$1,000 fine or a year in jail. Krishna took down the site,
but some 25-plus mirror sites have popped up webwide since the
original disappeared.
Talk about the Web, free speech, and political advertisements, in Threads.